Sen. Cory Booker (D-NJ) and several of his rivals for the 2020 Democratic presidential nomination are joining forces on Thursday to re-file a new version of the most far-reaching marijuana legislation ever introduced in Congress.
TODAY: I'm reintroducing the Marijuana Justice Act – my bill to legalize marijuana on the federal level, expunge records, and reinvest in the communities that have been hurt from the war on drugs. pic.twitter.com/LWL0j7fN5F
— Sen. Cory Booker (@SenBooker) February 28, 2019
The bill, the Marijuana Justice Act, would remove cannabis from the Controlled Substances Act and withhold certain federal funding from states that disproportionately enforce marijuana criminalization laws against people of color and low-income individuals.
Watch Booker and colleagues discuss the legislation below:
The legislation would also automatically expunge past federal convictions for cannabis use and possession, as well as create a fund to reinvest in communities hardest hit by the war on drugs.
“The War on Drugs has not been a war on drugs, it’s been a war on people, and disproportionately people of color and low-income individuals,” Booker said in a press release. “The Marijuana Justice Act seeks to reverse decades of this unfair, unjust, and failed policy by removing marijuana from the list of controlled substances and making it legal at the federal level.”
“But it’s not enough to simply decriminalize marijuana. We must also repair the damage caused by reinvesting in those communities that have been most harmed by the War on Drugs,” he said. “And we must expunge the records of those who have served their time. The end we seek is not just legalization, it’s justice.”
The legislation is initially cosponsored by Sens. Ron Wyden (D-OR), Kirsten Gillibrand (D-NY), Bernie Sanders (I-VT), Kamala Harris (D-CA), Jeff Merkley (D-OR), Elizabeth Warren (D-MA) and Michael Bennet (D-CO).
“As I said during my 2016 campaign, hundreds of thousands of people are arrested for possession of marijuana every single year,” Sanders said. “Many of those people, disproportionately people of color, have seen their lives negatively impacted because they have criminal records as a result of marijuana use. That has got to change. We must end the absurd situation of marijuana being listed as a Schedule 1 drug alongside heroin. It is time to decriminalize marijuana, expunge past marijuana convictions and end the failed war on drugs.”
600,000 people, disproportionately people of color, were arrested for possession of marijuana in 2017.
It is time to decriminalize marijuana, expunge past marijuana convictions and end the failed war on drugs.
— Bernie Sanders (@SenSanders) February 28, 2019
“Millions of Americans’ lives have been devastated because of our broken marijuana policies, especially in communities of color and low-income communities,” said Gillibrand. “Currently, just one minor possession conviction can take away a lifetime of opportunities for jobs, education, and housing, tear families apart, and make people more vulnerable to serving time in jail down the road. It is shameful that my son would likely be treated very differently from one of his Black or Latino peers if he was caught with marijuana, and legalizing marijuana is an issue of morality and social justice. I’m proud to work with Senator Booker on this legislation to help fix decades of injustice caused by our nation’s failed drug policies.”
The disparity in who gets arrested for marijuana possession is one sign of how unjustly our drug laws are enforced. It's time to legalize marijuana nationwide and start repairing the harm done to communities of color by the War on Drugs. We need the Marijuana Justice Act. pic.twitter.com/fbaen37m8r
— Kirsten Gillibrand (@SenGillibrand) February 28, 2019
Legalizing marijuana is about morality and social justice. A minor possession conviction can take away a lifetime of opportunities for jobs, education, & housing—esp. in communities of color & low income communities. Time to fix our broken policies. Proud to co-sponsor this bill. https://t.co/1IcjBlDkOi
— Sen. Kirsten Gillibrand (@gillibrandny) February 28, 2019
“Marijuana should be legalized, and we should wipe clean the records of those unjustly jailed for minor marijuana crimes. By outlawing marijuana, the federal government puts communities of color, small businesses, public health and safety at risk,” said Warren.
It’s time to legalize marijuana, and stand against an unjust criminal justice system. I’m proud to co-sponsor the Marijuana Justice Act. https://t.co/wIAhoNreSc
— Elizabeth Warren (@SenWarren) February 28, 2019
“Marijuana laws in this country have not been applied equally, and as a result we have criminalized marijuana use in a way that has led to the disproportionate incarceration of young men of color. It’s time to change that,” said Harris. “Legalizing marijuana is the smart thing to do and the right thing to do in order to advance justice and equality for every American.”
Too many lives have been ruined because of the War on Drugs. That’s why I am proud to co-sponsor @corybooker’s legislation to legalize marijuana and expunge the records of those convicted of offenses related to marijuana use and possession.
— Kamala Harris (@KamalaHarris) February 28, 2019
Wyden said that “the War on Drugs has destroyed lives, and no one continues to be hurt more than people of color and low-income communities. There is a desperate need not only to correct course by ending the failed federal prohibition of marijuana, but to right these wrongs and ensure equal justice for those who have been disproportionately impacted.”
No one continues to be hurt more by the War on Drugs than people of color and low-income communities. It's time to end the failed federal prohibition of marijuana and right these wrongs by ensuring equal justice for those hit hardest.
— Ron Wyden (@RonWyden) February 28, 2019
Bennet added: “This long-overdue change will help bring our marijuana laws into the 21st century. It’s past time we bring fairness and relief to communities that our criminal justice system has too often left behind.”
— Jeff Merkley (@JeffMerkley) February 28, 2019
Reps. Barbra Lee (D-CA) and Ro Khanna (D-CA) filed a House companion bill.
“Communities of color and low-income communities have been devastated by the War on Drugs,” Lee said. “As Co-Chair of the Congressional Cannabis Caucus, I’m proud to sponsor legislation that would legalize marijuana at the federal level, address the disproportionate impact of prohibition on people of color by expunging criminal convictions, and promote equitable participation in the legal marijuana industry by investing in the communities hardest hit by the failed War on Drugs.”
Today, I’m reintroducing the #MarijuanaJusticeAct with my colleagues @SenBooker and @RepRoKhanna, which will:
🇺🇸 End the federal marijuana prohibition
⚖️ Expunge non-violent federal marijuana convictions
💰 Invest in communities devastated by the failed #WarOnDrugs
— Rep. Barbara Lee (@RepBarbaraLee) February 28, 2019
The failed #WarOnDrugs has devastated families around the country. As more states legalize cannabis, our reforms must include restorative justice for communities of color that have been most impacted these discriminatory policies. #MarijuanaJusticeAct https://t.co/1hi1ly1M2O
— Rep. Barbara Lee (@RepBarbaraLee) February 28, 2019
“Communities of color have been disproportionately impacted by misguided marijuana policy for far too long,” Khanna said. “Rep. Lee, Sen. Booker, and I are proud to introduce this important legislation and deliver justice for so many Americans.”
Communities of color have been disproportionately impacted by misguided marijuana policy for far too long. @RepBarbaraLee, @SenBooker and I are proud to introduce this important legislation and deliver justice for so many Americans #MarijuanaJusticeAct. pic.twitter.com/o7h8TcUP93
— Rep. Ro Khanna (@RepRoKhanna) February 28, 2019
The funds withheld from states deemed to have discriminatory arrest and incarceration rates for cannabis would go toward a new community reinvestment fund, which would “establish a grant program to reinvest in communities most affected by the war on drugs, which shall include providing grants to impacted communities for programs” that include libraries, community centers and job training.
The reality is, many folks from more privileged backgrounds can use marijuana without their whole future will be ruined. The #MarijuanaJusticeAct is about racial inequality. Proud to stand with my friends (with a guest appearance by Frederick Douglass) today in this effort. pic.twitter.com/doNZsBd0W3
— Rep. Ro Khanna (@RepRoKhanna) March 1, 2019
People who have been “aggrieved by a disproportionate arrest rate or a disproportionate incarceration rate” would be able to file civil lawsuits against states under the bill.
Let’s legalize marijuana at the federal level, push states to do the same, AND help those who have suffered due to its prohibition.
— Cory Booker (@CoryBooker) February 28, 2019
During the last Congress, the Booker’s Marijuana Justice Act garnered six cosponsors in the Senate, while 43 House members signed on to that chamber’s version of the bill. Neither received hearings or votes.
Legalization advocates cheered the bill’s reintroduction.
“Cory Booker and Barbara Lee have single-handedly shifted the conversation in Congress on cannabis reform. The failures and harms caused by decades of cannabis prohibition, particularly the impact on low-income communities and communities of color, are undisputed,” said Queen Adesuyi, policy coordinator for the Drug Policy Alliance. “For decades, marijuana arrests, convictions, and subsequent collateral consequences have disrupted lives, which have also destroyed the social and economic fabric of certain communities. Now with Democrats in control of the House, it’s time to right these wrongs and advance this conversation even further by passing cannabis reform that is centered on criminal justice reform and economic empowerment of impacted communities.”
The new legislation’s language is identical to that filed last Congress, with the exception that the community reinvestment fund covers fiscal years 2020 through 2042 instead of 2018 through 2040 as in the last version.
“The Marijuana Justice Act is the most comprehensive piece of federal legislation ever introduced to end the failed policy of marijuana prohibition and to address the egregious harms that this policy has wrought on already marginalized communities,” Justin Strekal, political director for NORML, said. “This robust legislation not only removes marijuana from the Controlled Substances Act, but it also provides a path forward for the individuals and communities that have been most disproportionately impacted by our nation’s failed war on marijuana consumers.”
Read the full text of the Marijuana Justice Act as introduced in the House below:
Marijuana Justice Act of 2019 by on Scribd
New Jersey Voters Will Decide On Marijuana Legalization Next Year, Senate Leaders Say
New Jersey lawmakers are giving up on plans to enact marijuana legalization through the legislature and are now seeking to put the question before voters on the 2020 ballot.
Senate President Steve Sweeney (D) and Senate Judiciary Committee Chairman Nicholas Scutari (D) announced on Monday that while they had “made further attempts to generate additional support in the Senate to get this done legislatively,” the “votes just aren’t there.” As a result, they filed a proposal that would allow residents to vote on legalization as a constitutional amendment.
“We are moving forward with a plan to seek voter approval to legalize adult use marijuana in New Jersey,” the leaders said in a press release. “We introduced legislation today to authorize a public referendum for a proposal that will lead to the creation of a system that allows adults to purchase and use marijuana for recreational purposes in a responsible way.”
— Brian Thompson (@brian4NY) November 18, 2019
“This initiative will bring cannabis out of the underground so that it can be controlled to ensure a safe product, strictly regulated to limit use to adults and have sales subjected to the sales tax,” they said.
The plan, which NJ.com first reported, is to have the legislature to approve the referendum proposal and get the ballot measure set for a vote in the general election next November. Sweeney and Scutari said they are “confident it will be approved by the Senate, the Assembly and the voters.”
“We will now move forward with a plan that helps correct social and legal injustices that have had a discriminatory impact on communities of color,” they said. “We can make real progress towards social justice at the same time that cannabis is made safe and legal.”
After months of negotiation, it became apparent that that progress wasn’t going to happen legislatively in the short-term, with Sweeney indicating as early as May that legalization would likely have to be decided through a voter referendum.
Text of the resolution calling for a referendum doesn’t offer many details about what the proposed legal cannabis market would look like; rather it generally describes a system allowing adults 21 and older to use and purchase marijuana from authorized retail facilities. The state’s Cannabis Regulatory Commission would be responsible for regulating the program. And cannabis sales would be subject to the state sales tax, with no additional excise tax added.
As written, the draft ballot question is worded somewhat confusingly. Voters would be asked: “Do you approve amending the Constitution to legalize a controlled form of marijuana called ‘cannabis’?”
“Only adults at least 21 years of age could use cannabis,” it continues. “The State commission created to oversee the State’s medical cannabis program would also oversee the new, personal use cannabis market. Retail sales of cannabis products in this new market would be subject to the State’s sales tax, and no other form of tax.”
Prohibitionist group Smart Approaches to Marijuana celebrated news of the legislature abandoning plans to pursue legalization legislatively this session and said it would invest resources into a campaign to dissuade voters from supporting the proposed ballot initiative.
BREAKING: New Jersey State Senate abandons push to legalize marijuana during 'lame duck' session.
The marijuana industry outspent SAM 86-1 in this effort.
Our statement: pic.twitter.com/MPtI2fNIzx
— SAM (@learnaboutsam) November 18, 2019
While adult-use legalization hasn’t panned out as advocates hoped, Gov. Phil Murphy (D) did sign a bill significantly expanding the state’s medical cannabis program in July. Sweeney had pointed to that reform move as one reason legalization negotiations stalled.
It’s not clear how the ballot approach is going to impact discussions about regionally coordinating legalization plans in the Northeast, which has been ongoing since New York Gov. Andrew Cuomo (D) and Connecticut Gov. Ned Lamont (D) met to talk about the issue over the summer.
During a joint meeting of governors from around the region last month, Murphy said that “doing things in an intelligent, coordinated, harmonious way is good for the entirety of not just our states but our residents” and emphasized the need for social justice components in a legal cannabis market.
Read the text of the New Jersey marijuana legalization referendum resolution below:
Sanders Pledges Legal Marijuana ‘In Every State’ As Biden Faces ‘Gateway Drug’ Backlash
As former Vice President Joe Biden faces a backlash over his suggestion that marijuana could be a ‘gateway’ drug, rival presidential candidates such as Sens. Bernie Sanders (I-VT) and Kamala Harris (D-CA), as well as entrepreneur Andrew Yang, are touting their own support for cannabis reform proposals
One day after Biden said he doesn’t support national cannabis legalization because there’s “not nearly been enough evidence that has been acquired as to whether or not it is a gateway drug,” Sanders offered a competing vision, emphasizing in a speech that he wants to “make marijuana legal in every state in the country,” rather than allow prohibition to continue in certain states.
The senator also discussed other elements of a cannabis reform plan he released last month, including his pledge to “expunge the records of those arrested for possession of marijuana” and provide funding to promote participation in the legal industry by individuals from communities most impacted by the war on drugs.
“It sounds unfair that when we legalize marijuana, you end up having a handful of corporations controlling that industry,” Sanders said during the Sunday event in Las Vegas. “We have built into our criminal justice program an effort to provide many billions of dollars in help to people in the African-American community, Latino community, other communities, the people who have been hit the hardest by the war on drugs, to help them profit off a legal marijuana system.”
Watch Sanders’s marijuana comments, around 33:00 into the video below:
Sanders described his three-step plan to prevent large corporations from controlling the cannabis market during an interview on Showtime’s Desus & Mero last month.
Separately, he took to Twitter on Sunday to highlight new polling showing that a majority of Americans support legalizing marijuana.
The American people are united on issue after issue. We must legalize marijuana now—and expunge all past marijuana convictions as a matter of racial and economic justice. https://t.co/NQjp7WOko3
— Bernie Sanders (@SenSanders) November 17, 2019
Meanwhile, Harris also appeared to take a direct hit at Biden over his “gateway drug” comment, stating that the debate on that matter is already settled.
Let's be clear: marijuana isn't a gateway drug and should be legalized. Glad to see my bill with Rep. Nadler take the next step in the House this week. https://t.co/d6BcMFlpYT
— Kamala Harris (@KamalaHarris) November 18, 2019
“Let’s be clear: marijuana isn’t a gateway drug and should be legalized,” she tweeted, adding that she’s glad that a bill she and House Judiciary Chairman Jerrold Nadler (D-NY) filed earlier this year to federally deschedule cannabis is scheduled for a vote in the House this week.
Harris herself has faced pushback from reform advocates and challengers who point out that the senator was involved in criminalizing cannabis consumers, and opposed legalization, during her time as a prosecutor.
Yang, for his part, presented a visual contrast to Biden on Monday, sharing photos of him smiling, surrounded by dozens of trimmed marijuana plants in an undisclosed facility.
He also wrote in a tweet that cannabis “should be legal nationwide” and linked to a campaign site page laying out his reform plan.
Marijuana should be legal nationwide. It is already legal in several states, it reflects a safer approach to pain relief than opiates, and our administration of drug laws is deeply uneven and racist. https://t.co/0Uhl17MW98
— Andrew Yang🧢 (@AndrewYang) November 18, 2019
“It is already legal in several states, it reflects a safer approach to pain relief than opiates, and our administration of drug laws is deeply uneven and racist,” Yang said.
Biden has drawn criticism from lawmakers outside of the presidential race as well, with Rep. Earl Blumenauer (D-OR) calling him out on Monday.
Get with the program, @JoeBiden.
Not only do we have legislation that would solve the issue of research, the American people overwhelmingly support legalizing cannabis—period.
The war on drugs has ruined countless lives. It's past time we end this senseless prohibition.
— Earl Blumenauer (@repblumenauer) November 18, 2019
“Get with the program, @JoeBiden,” the congressman, who has spearheaded Capitol Hill efforts to end federal prohibition, said. “Not only do we have legislation that would solve the issue of research, the American people overwhelmingly support legalizing cannabis—period.”
“The war on drugs has ruined countless lives,” he said. “It’s past time we end this senseless prohibition.”
Photo courtesy of Facebook/Bernie Sanders.
AOC Calls For Decriminalizing The Use Of All Drugs
Rep. Alexandria Ocasio-Cortez (D-NY) voiced support for decriminalizing the use of all drugs on Sunday.
The freshman congresswoman tweeted that drug decriminalization, as well as marijuana legalization, are “matters of public health.”
Marijuana should be legalized, and drug consumption should be decriminalized.
These are matters of public health.
— Alexandria Ocasio-Cortez (@AOC) November 18, 2019
This marks a development in Ocasio-Cortez’s drug policy platform. Previously, she called for decriminalizing the use and research of psychedelics, emphasizing the therapeutic potential of the substances.
To that end, she introduced an amendment to a spending bill in June that would remove a rider that advocates argue has inhibited research into the potential therapeutic benefits of Schedule I drugs such as psilocybin and LSD. The House rejected that measure in a floor vote, however.
There’s a growing push to decriminalize the personal possession of drugs beyond cannabis. South Bend, Indiana Mayor Pete Buttigieg and Rep. Tulsi Gabbard (D-HI), both Democratic presidential candidates, are in favor of the policy. Entrepreneur Andrew Yang supports decriminalizing opioids as a means to combat the drug overdose crisis.
Ocasio-Cortez recently gave her endorsement to Sen. Bernie Sanders (I-VT). But while the senator was the first major presidential candidate to back marijuana legalization during his 2016 run, he said this year he’s “not there yet” on broader drug decriminalization. It’s not clear if the congresswoman’s role as a surrogate on his campaign will ultimately influence him to adopt the policy.
But as more candidates debate the best way forward on various drug reform proposals, with cannabis legalization being a given for almost all contenders, former Vice President Joe Biden remains several paces behind. He opposes adult-use legalization and said on Saturday that marijuana may be a gateway to other, more dangerous substances.
Photo courtesy of C-SPAN.